1. The subject matter of this ruling is the motion of 8 th August, 2025 whereof the Appellant/Applicant sought for leave to Appeal out of time against the Judgment/decree of Hon. Clare Odunga delivered on 29 th May, 2025 vide Nakuru S.C.C.C. No.E278 of 2024. The Appellant/Applicant also sought for an Order for Stay of Execution of the decree of the Trial Court.
2. The record shows that the application was served but did not attract any response from the Respondent. This Court has noted that the Appeal is against a decision of the Small Claims Court at Nakuru.
3. The Appeal should therefore have been filed in Nakuru High Court. This court makes an order transferring the Appeal to the High Court Nakuru forthwith.
Dated, signed and delivered at Kericho this 3 rd day of December, 2025.
.……………………………
J. K. SERGON
JUDGE
In the Presence of :-
C/Assistant – Rutoh
No Appearance
2 | Page
2. The record shows that the application was served but did not attract any response from the Respondent. This Court has noted that the Appeal is against a decision of the Small Claims Court at Nakuru.
3. The Appeal should therefore have been filed in Nakuru High Court. This court makes an order transferring the Appeal to the High Court Nakuru forthwith.
Dated, signed and delivered at Kericho this 3 rd day of December, 2025.
.……………………………
J. K. SERGON
JUDGE
In the Presence of :-
C/Assistant – Rutoh
No Appearance
2 | Page